Shailendra Yadav @ Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81629 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Shailendra Yadav @ Shailendra Kumar Son of Chabil Yadav Resident of village- Karhan, P.S.- Kesariya, District- East Champaran. 2.

Upendra Yadav @ Upendra Prasad @ Upendra Prasad Yadav Son of Langatu Rai Resident of village- Karhan, P.S.- Kesariya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Manjhagarh P.S. Case No. 90 of 2024, lodged on 17.03.2024 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners. Total recovery of 1537.920 litres of illicit foreign liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the criminal antecedents of the petitioners are clean and they have falsely been implicated in the present

Patna High Court CR. MISC. No.81629 of 2024(2) dt.18-01-2025 2/2 case. Counsel further submits that they are alleged to be the owner of the Hyva Truck on which the driver and co-driver was arrested.

5. Learned APP for the State opposes the prayer for bail and submits that the petitioners are truck owner and they cannot evade responsibility for the illegal act committed using the said truck.

6. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount to the satisfaction of Additional Sessions Judgecum-Special Judge Excise Court No. 1, Gopalganj in connection with Manjhagarh P.S. Case No. 90 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as with a condition that they shall deposit Rs. 50,000/- (Rupees Fifty Thousand) each in Chief Minister Relief Fund. (Dr. Anshuman, J.) Aman Kumar/- U T